On December 19, 2012, Nicole Angeles was injured when the car she was driving was struck by a county bus in the Smith Haven Mall parking lot in Smithtown.
In her lawsuit against the bus driver and the county, the Suffolk County jury determined that the crash was solely the fault of the bus driver and the jury then awarded Ms. Angeles pain and suffering damages in the sum of $745,000 ($634,000 past – six years, $111,000 future – 10 years).
The county appealed arguing that the verdict was excessive. In Angeles v. County of Suffolk (2d Dept. 2023), the court ruled that the pain and suffering should be reduced to $411,000 ($300,000 past, $111,000 future).
Plaintiff, then 20 years old, sustained cervical spine bulging discs with radiculopathy that she testified left her in constant pain and with diminished range of motion.
She underwent physical therapy as well as trigger point and facet block injections. The injections alleviated but did not eliminate plaintiff’s pain nor did they restore her range of motion.
Unfortunately, she suffered from a blood disorder, Von Willebrand’s disease, which decreased the methods of treatment available to her. Her physician testified that because of the disease, spinal surgery could be fatal and injections were no longer possible. He also testified that plaintiff’s condition was permanent and would require pain medication indefinitely.
